Security rules of transboundary movements of genetically modified org{xe 'zmodyfik'}anisms

• Author: Piotr Krajewski
• Pages: 409-418

409

PIOTR KRAJEWSKI*

SECURITY RULES OF TRANSBOUNDARY MOVEMENTS OF

GENETICALLY MODIFIED ORG{ XE "zmodyfik" }ANISMS

The area of issues related to the cooperation of neighbouring

countries for some time now widened to include transboundary

biosecurity issues arising from the intensive development of modern

biotechnology based on the use of genetically modified organisms

(GMOs) and their commercialization. The Cartagena Protocol on

Biosafety to the Convention on Biological Diversity is of great

importance{ XE "rócnorodno" } in this issue1. The second document

which plays a special role is Regulation No 1946/2003/EC of the

European Parliament and of the Council on transboundary movements of

GMOs which is “complementary” to the Cartagena Protocol2. First of all,

this regulation establishes the Community law framework for exports of

GMOs from the EU to the third countries.

* Faculty of Law and Administration University of Warmia an d Mazury in Olsztyn

1 The Cartagena Protocol on Biosafety to the Convention on Biological Diversity.

The protocol, elaborated “in accordance with the precautionary approach contained in

Principle 15 of the Rio Declaration”, was created in order to contribute to “ensuring

adequate level of protection in the field of the security transfer, handling and using living

modified organisms (...) which can have an effect on the conservation and sustainable use

of biological diversity, taking also into account risks to human health, and specifically

focusing on transboundary movements “(Article 1).

2 Regulation (EC) No. 1946/2003 of the European Parliament and of the Council of

15 July 2003 on transboundary movements of genetically modified organisms Article 32

of Directive 2001/18/EC which invited the Commission to present a proposal for

implementing the Cartagena Protocol. The purpose of the regulation is to set a common

regulatory framework for the export of genetically modified organisms from the EU to

third countries, to ensure the safety of human health and the respect for the natural

environment. However, the document does not contain any provisions relating to the

import of GMOs, because the legal system obliging in the European Community already

provides for a norms consistent with the objectives of the Protocol, which give the

counterparties the right to apply stricter rules on the protection of people and biodiversity

(if they are not inconsistent with the dispositions contained in the Protocol and

international standards) (Article. 14 Cartagena Protocol). Respecting accepted

commitments should primarily lie in the introduction of a system of notification and

exchange of information relating to export of GMOs to third countries, together with the

implementation of the disposal of a horizontal nature concerning the methods of

identification the GMOs, and the transmission of data to the Centre of Information

Exchange on Biosafety. Article 20 Cartagena Protocol.